Munna Kumar @ Munna Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34860 of 2026 Arising out of PS. Case No.-52 Year-2026 Thana- Excise Mashrakh District- Saran ====================================================== Munna Kumar @ Munna Mahto Son of Mahendra Mahto Resident of VillagePakha Bintoli, P.S.- Marhowrah, District- Saran at Chapra ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar Srivastva, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANSUL ORAL ORDER 20-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in Mashrakh Excise P.S. Case No. 52 of 2026 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation is that 51.75 litres of foreign liquor was recovered from the doorless room in the premises and the petitioner is said to be the owner of the said premises.

4. Learned counsel for the petitioner submits that the alleged recovery was made from the abandoned premises of the petitioner and nothing incriminating article was recovered from the conscious possession of the petitioner. He further submits that the petitioner has no criminal antecedent and is in custody since 24.04.2026.

5. Learned Additional Public Prosecutor for the State

Patna High Court CR. MISC. No.34860 of 2026(2) dt.20-05-2026 2/2 has vehemently opposed the prayer for bail of the petitioner.

6. Considering that the alleged recovery was not made from the conscious possession of the petitioner and the petitioner is in custody since 22.04.2026 having no criminal antecedent, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court of 3 rd Exclusive Special Excise Court, Saran at Chapra in connection with Mashrakh Excise P.S. Case No. 52 of 2026.

8. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

(Ansul, J) Vikash/- U T